BILL NUMBER: AB 1877	CHAPTERED  09/19/00

	CHAPTER   501
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   JUNE 29, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 10, 2000

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 10, 2000

   An act to add Section 40723 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1877, Maldonado.  Air pollution:  rules and regulations.
   Existing law requires air pollution control districts and air
quality management districts to adopt and enforce rules and
regulations to achieve and maintain state and federal ambient air
quality standards.  Existing law also authorizes an air pollution
control district or air pollution management district to establish a
permit system, requiring a person to obtain a permit before taking
any action that may release air contaminants.
   This bill would require a district, upon the request of an owner
or operator of equipment subject to best available control technology
or lowest achievable emission rate requirements, to review the
applicable requirements and to determine whether the requirements
should be required for a source category, under certain
circumstances.  The bill would also require the district to revise
those requirements to a level achievable by a source or a source
category if the district makes specified determinations.  By imposing
additional duties on local air districts, this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 40723 is added to the Health and Safety Code,
to read:
   40723.  (a) It is the intent of the Legislature that, when an air
district establishes best available control technology or lowest
achievable emission rate requirements based in part on vendor
representations, the requirements be achievable for the applicable
source category.
   (b) Upon the request of any owner or operator of equipment that is
subject to best available control technology or lowest achievable
emission rate requirements, the district shall review whether the
applicable requirements have been achieved and whether the
requirements should be required for the source category or source if
the owner or operator demonstrates that all of the following
conditions are true:
   (1) The owner or operator purchased equipment that was subject to
or intended by the manufacturer or vendor to satisfy federal, state,
or local air district rules or permitting requirements that impose
best available control technology or lowest achievable emission rate
requirements.
   (2) An express warranty was provided to the owner or operator by
the manufacturer or vendor that the equipment would achieve the best
available control technology or lowest achievable emission rate
requirements, or any specified emission rate or standard intended to
satisfy those requirements.
   (3) The owner or operator made a reasonable effort, for a
reasonable period of time, to operate the equipment in accordance
with the operating conditions specified by the equipment manufacturer
or vendor.
   (4) The equipment failed to meet the best available control
technology or lowest achievable emission rate requirements covered by
the warranty provided by the equipment manufacturer or vendor.
   (5) The applicable best available control technology or lowest
achievable emission rate requirements were established primarily on
the basis of the representations and data provided by the equipment
manufacturer or vendor.
   (c) (1) If, after conducting a review pursuant to subdivision (b),
the district determines that the applicable best available control
technology or lowest achievable emission rate requirements are not
achievable by a source, the district shall revise those requirements
to a level achievable by that source.
   (2) If, after conducting a review pursuant to subdivision (b), the
district determines that the applicable best available control
technology or lowest achievable emission rate requirements are not
achievable by a source category, the district shall revise those
requirements to a level achievable by that source category.
   (d) This section shall be implemented in a manner consistent with
applicable federal and state statutes, regulations, and requirements
for the establishment of best available control technology and lowest
achievable emission rate requirements.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
